' This is a petition under section 22-A(8)(g) of the I.R.O., 1969, which was initially filed by the petitioner i,e, H.B.F.C. Workers' Union which is a registered union in the establishment of H.B.F.C. As the determination of the C.B.A. The secret ballot will be held in near future and the management of the establishment i,e, respondents are transferring the members of the petitioner union to Azad Kashmir wherein the provisions of I.R.O., 1969 is not applicable, and therefore, they will be ousted from taking part in the trade union activities. Considering such averments interim induction order was granted in favour of the petitioner on 11-1-1995.
2. While granting injunction order it was observed that neither any authority letter was filed on behalf of the persons who have been present, nor the petition was signed by them, therefore, the petitioner was directed to oust shall such persons a party in the petition. Subsequently the amended petition was filed on or about 20-6-1986, whereby three persons were mentioned as the petitioners Nos. 2 to 4, therefore, this order will be confirmed to the transfer or otherwise of the three petitioners namely No, 1, Muhammad Zahoor, (2) Abdul Ghani Bhatti and (3) Mr. M. Iqbal Malik only.
3. I have heard the learned counsel for the parties and have also considered the documents filed on record.
4. It is an admitted feature of the case that the petitioners Nos. 2, 3 and 4 being employees of the H.B.F.C./respondents are also members of H.B.F.C. Workers' Union which is a registered trade union in the establishment. It is further an admitted legal position that the provision of I.R.O., 1969 are applicable in the areas which are defined under the provision of section 1(6) of the I.R.O., 1969, whereby the following words are mentioned: ' Section 1(2) of the I.R.O., 1969: "It extends to the whole of Pakistan."
' The provision of Article 1, sub-Article (2) of the Constitution of Islamic Republic of Pakistan, 1973 contemplated the territorial limits of Pakistan which reads as under: "1. The Republic and its territories.---(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
2. The territories of Pakistan shall comprise--
(a) the Provinces of Balochistan, the North-West Frontier, the Punjab and Sindh;
(b) the Islamabad Capital Territory, hereinafter referred, the Punjab and Sindh;
(c) the Federally Administered Tribal Areas; and
(d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise."
' Thus, it becomes clear that the provision of I.R.O., 1969 where under the petitioner can claim lawful trade union activities, are not applicable to the area of the Azad Kashmir with the result that the petitioners will be ousted from the trade union activities if transferred to such areas. The contention of the learned counsel for the respondents that the petitioners are not the members of the H.B.F.C.
Workers' Union but the members of another union, will not make any difference to the above calculated legal proposition and in any case they will be ousted from taking part in the trade union activities if transferred to Azad Kashmir. Besides, the appointment letters of these petitioners contain terms and conditions of their appointment and clause (v) of the appointment letter contain the following words: "He will have to serve in anywhere in Pakistan."
' The territory of Azad Kashmir is not included in "Pakistan" as discussed above, therefore, on this score also, the respondents cannot transfer the petitioner outside from Pakistan.
5. At this stage, I feel the necessity to observe that it is well-settled principle of law that transfer of an employee in the establishment from one place to another, for the exigencies of service or in routine matters or otherwise, is one of the fundamental right of the employer but if it is covered under the provision of section 15, subsection (b) of the I.R.O., 1969 then this Commission will interfere while adjudicating upon under the provision of section 22-A(8)(g) of the I.R.O., 1969. In the case in hand, it is clear that neither the territory of Azad Kashmir is included in "Pakistan" as defined under Article 1, . Sub-Article (2) of the Constitution of Islamic Republic of Pakistan, 1973 nor the terms and conditions of the appointment of the petitioners allow such transfers. Therefore, it will oust the petitioners from taking part in the trade union activities which amounts to unfair labour practice within the meaning of section 15(d) of the I.R.O., 1969. Therefore, the petition is accepted and the transfer orders of the petitioners to Azad Kashmir is declared as illegal and unlawful. The respondents are restrained from transferring the said petitioners to Azad Kashmir. There shall be no orders as to costs.